Maui Meadows Homeowners Association v. Young
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NO. 25831 IN THE SUPREME COURT OF THE STATE OF HAWAI#I MAUI MEADOWS HOMEOWNERS ASSOCIATION, Petitioners, vs. PETER YOUNG, Chairperson of the State of Hawai#i Commission on Water Resource Management; CHIYOME FUKINO, M.D., Commission on Water Resource Management; MEREDITH CHING, Commission on Water Resource Management; BRIAN C. NISHIDA, Commission on Water Resource Management; CLAYTON DELA CRUZ, Commission on Water Resource Management; HERBERT M. RICHARDS, JR., Commission on Water Resource Management, Respondents. ORIGINAL PROCEEDING ORDER DENYING MAUI MEADOWS HOMEOWNERS ASSOCIATION S PETITION FOR WRIT OF MANDAMUS TO THE COMMISSION ON WATER RESOURCE MANAGEMENT (By: Moon, C.J., Levinson, Nakayama, Acoba, JJ., and Circuit Judge Kochi, assigned by reason of vacancy) Upon consideration of Petitioner Maui Meadows Homeowners Association s petition for a writ of mandamus directed to the Commission on Water Resource Management, the papers in support and opposition, and the records and files herein, it appears that: (1) Petitioner asks this court to issue a writ of mandamus directing the State Commission on Water Resource Management to designate the #Iao Aquifer and Waihe#e Aquifer in Maui County as water management areas; (2) pursuant to HRS ยง 6025(4), this court, in its discretion, can issue a writ of mandamus to compel public officers to fulfill the duties of their offices; (3) mandamus relief is available to compel an official to perform a duty allegedly owed to an individual only if the individual s claim is clear and certain, the official s duty is ministerial and so plainly prescribed as to be free from doubt, and no other remedy is available. Barnett v. Broderick, 84 Hawai#i 109, 111, 929 P.2d 1359, 1361 (1996) (citing Azurin v. Von Raab, 803 F.2d 993 (9th Cir. 1986), cert. denied, 483 U.S. 1021 (1987)); and (4) Petitioner fails to demonstrate that it is entitled to a writ of mandamus. Therefore IT IS HEREBY ORDERED that the petition for a writ of mandamus to the State Commission on Water Resource Management is denied. DATED: Honolulu, Hawai#i, October 15, 2003. D. Kapua ala Sproat of Earthjustice for petitioners on the petition Yvonne Izu, deputy attorney general for respondents in opposition 2
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